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### Viewing cable 09OTTAWA151, CANADA?S TIP REPORT SUBMISSION

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
09OTTAWA151 | 2009-02-27 21:52 | 2011-04-28 00:00 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Ottawa

`

    VZCZCXRO5486
    OO RUEHGA RUEHHA RUEHMT RUEHQU RUEHVC
    DE RUEHOT #0151/01 0582152
    ZNR UUUUU ZZH
    O 272152Z FEB 09
    FM AMEMBASSY OTTAWA
    TO RUEHC/SECSTATE WASHDC IMMEDIATE 9123
    INFO RUCNCAN/ALL CANADIAN POSTS COLLECTIVE
    RUEATRS/DEPT OF TREASURY WASH DC
    RUEHC/DEPT OF LABOR WASHDC
    RUEAHLC/DEPT OF HOMELAND SECURITY WASHDC
    RUEAWJA/DEPT OF JUSTICE WASHDC
    RUEHBK/AMEMBASSY BANGKOK 1777
    RUEHBJ/AMEMBASSY BEIJING 2286
    RUEHBM/AMEMBASSY BUCHAREST 0524
    RUEHCH/AMEMBASSY CHISINAU 0010
    RUEHHI/AMEMBASSY HANOI 0330
    RUEHKL/AMEMBASSY KUALA LUMPUR 0355
    RUEHML/AMEMBASSY MANILA 0056
    RUEHMO/AMEMBASSY MOSCOW 2248
    RUEHPF/AMEMBASSY PHNOM PENH 0102

` `

    UNCLAS SECTION 01 OF 25 OTTAWA 000151

    SENSITIVE

    SIPDIS

    STATE FOR G/TIP (B. FLECK), G (A.C. BLANK), INL,
    DRL, PRM, WHA/PPC

    E.O. 12958: N/A
    TAGS: PHUM SMIG ASEC PREF ELAB KCRM KWMN
    KFRD, KTIP, CA
    SUBJECT: CANADA?S TIP REPORT SUBMISSION

    REF: STATE 132759

    ¶1. (SBU) OVERVIEW OF CANADA'S TIP SITUATION

    ¶A.  The Government of Canada collects trafficking in
    persons (TIP) information through a number of
    sources, including police and court-reported data
    and reported case law.  The 2008 Annual Criminal
    Intelligence Service Canada Report on Organized
    Crime is available on-line and provides a general
    assessment of trafficking in persons.  The
    Department of Citizenship and Immigration (CIC)
    collects data on the issuance of temporary resident
    permits to foreign nationals who are suspected of
    trafficking.  The government is currently studying
    the feasibility of a national data collection
    framework.  The Royal Canadian Mounted Police (RCMP)
    National Missing Children Services has begun a
    national probe to determine the scope of domestic
    trafficking as it relates to children and youth.  In
    addition, the RCMP?s Human Trafficking National
    Coordination Center has begun working on a national
    threat assessment focusing on international trends
    to assess the extent of trafficking into Canada.  In
    2006, Canada and the USG jointly prepared a U.S.-
    Canada Bi-National Assessment of Trafficking in
    Persons.

    ¶B. Canada is principally a transit and destination
    country for trafficking in persons, but is also a
    source country for domestic victims of trafficking.
    NGOs estimate that approximately 2,000 people are
    subject to trafficking into Canada each year.  In
    2004, the RCMP had estimated that approximately 600-
    800 persons were trafficked into Canada annually and
    that an additional 1,500 to 2,200 persons were
    trafficked through Canada into the United States.

    According to the government, the majority of
    trafficking cases encountered within Canada involve
    Canadian nationals who are trafficked wholly within
    Canada.  Most organized crime groups have the
    capacity to move multiple victims simultaneously,
    typically inter-provincially.

    According to the government, victims of trafficking
    to or through Canada come primarily from Asia -- in
    particular China, the Philippines, Thailand,
    Cambodia, Malaysia, Vietnam -- as well as parts of
    Africa, Eastern Europe, and Russia.  Victims
    trafficked to Canada end up mostly to Vancouver,
    Toronto, and Montreal.  (A member of South Korea's
    national police force is posted to the South Korean
    consulate in Vancouver in part to assist with
    trafficking matters.)  Canadian intelligence
    indicated, and Canadian law enforcement findings
    supported, that trafficked persons in Canada are
    predominantly forced to work in the sex trade.  A
    study by the Criminal Intelligence Service Canada
    (CISC) confirmed that a link exists between
    organized crime networks and trafficking for sexual
    exploitation in Canada.  Canada is also to a lesser
    extent a labor trafficking destination, with ongoing
    investigations into several cases of labor
    exploitation.

    ¶C.  Reported case law confirmed that victims face
    sexually exploitation within Canada in various
    venues.  Trafficking victims often receive promises
    Qvenues.  Trafficking victims often receive promises
    of well paying jobs as caregivers, waitresses,
    models, or other legal occupations.  The use of
    threats or other forms of coercion sometimes compels

    OTTAWA 00000151  002 OF 025

    victims to perform services.  According to NGOs and
    victim assistance organizations, labor trafficking
    victims often enter Canada legally with a valid work
    permit.  In many cases, the victims, especially from
    Asia, paid "recruiting agencies" in their home
    countries to arrange agricultural jobs in Canada.
    Once in Canada, "agents" then inform them they are
    in Canada illegally and threaten to have them
    deported if they try to escape.

    ¶D.  Reported case law also indicated that those at
    greatest risk of becoming victims of trafficking are
    likely to be those who face the greatest social,
    economic, and legal inequality.  Although Canada is
    not a significant country of origin for victims,
    Canadian nationals are trafficked domestically.  A
    report from the Standing Committee on the Status of
    Women cited testimony that aboriginal females are at
    the greatest risk of becoming victims of
    trafficking.

    Governmental efforts to enhance border integrity and
    security have helped limit the number of irregular
    migrants entering Canada.  The number of improperly
    documented arrivals (IDAs) at Canada's airports was
    at its lowest since the collection of these
    statistics began in 1989.

    ¶E. As the 2006 U.S.-Canada Bi-National Threat
    Assessment highlighted, traffickers tended to be
    members of larger criminal organizations, members of
    small criminal groups, or individual criminals.
    Organized crime groups are involved in transnational
    trafficking to varying degrees.  This can range from
    involvement in a specific phase of the TIP cycle
    (e.g. transport) to the facilitation of entire
    operations, including coordinating exploitation in
    the commercial sex trade.

    Trafficking victims enter Canada through both legal
    and illegal means.  Some enter with genuine
    passports, entry documents, and/or work visas.
    Others use falsified or altered entry documents,
    such as photo substitutions, or gain entry as
    impostors.  Fraudulent offers of employment
    sometimes support applications to obtain visas and
    convince border and consular officials that victims
    intend to return to their countries of origin.
    Traffickers sometimes also bring victims into Canada
    utilizing established smuggling routes and methods.

    According to the 2008 Annual Criminal Intelligence
    Service Canada Report on Organized Crime, a small
    number of organized crime groups, mostly based in
    British Columbia and Quebec, are involved in the
    facilitation of international human trafficking.
    Several gangs are active in domestic trafficking for
    sexual exploitation by facilitating the recruitment,
    control, movement, and exploitation of Canadian-born
    females in the domestic sex trade, primarily in
    strip bars in several cities across the country.

    ¶2. (SBU) THE GOVERNMENT?S ANTI-TIP EFFORTS

    ¶A. The Canadian government recognizes the serious
    nature of human trafficking, and is committed to
    combating human trafficking at home and abroad,
    working with domestic and international partners.

    ¶B. The Interdepartmental Working Group on
    QB. The Interdepartmental Working Group on
    Trafficking in Persons (IWGTIP) coordinates all
    federal anti-trafficking efforts, bringing together

    OTTAWA 00000151  003 OF 025

    seventeen federal departments and agencies.  Working
    group chairs rotate, with senior officials from the
    Departments of Justice and of Public Safety as the
    current co-chairs.  The IWGTIP also includes the
    Canada Border Services Agency (CBSA), the Department
    of Canadian Heritage, the Canadian International
    Development Agency (CIDA), Criminal Intelligence
    Service Canada (CISC), the Department of Citizenship
    and Immigration  (CIC), the Department of National
    Defence (DND), the Department of Foreign Affairs and
    International Trade (DFAIT), the Department of
    Health, the Department of Human Resources and Social
    Development, the Department of Indian and Northern
    Affairs, the Passport Agency,   the Public
    Prosecution Service, the Royal Canadian Mounted
    Police (RCMP), the Statistics Bureau, and the Status
    of Women agency.

     ¶C. There are no systemic limitations on the
    Canadian government's ability to address TIP, apart
    from jurisdictional issues between the federal and
    provincial/territorial levels.  There is no evidence
    of corruption by Canadian authorities in trafficking
    matters.   The Canadian government would investigate
    and prosecute any allegations of corruption in
    accordance with Canadian law.  Canada ratified the
    UN Convention against Corruption in October 2007.
    IWGTIP coordinates Canada's federal anti-trafficking
    efforts.

    Due to Canada's immigration laws, many labor
    trafficking victims enter Canada legally, making it
    difficult to identify and investigate these cases.
    NGOs have called for the government to commit
    additional resources to fight labor trafficking and
    investigate employers suspected of exploitation.

    ¶D. The IWGTIP coordinates and monitors federal anti-
    trafficking efforts.  The Minister of Citizenship,
    Immigration, and Multiculturalism?s annual report to
    Parliament on immigration policy includes data on
    the number of temporary resident permits issued to
    victims of human trafficking.  Canada shares its
    best practices and makes available its assessments
    in a range of international fora, including the OAS,
    OSCE, UN, G8, the Bali Process, and the Regional
    Conference on Migration (RCM).  As an RCM member,
    Canada participates in its Liaison Officer Network
    to Combat Trafficking In Persons and Migrant
    Smuggling, which meets twice a year.  Canada made
    several presentations related to trafficking at RCM
    meetings in 2007 and 2008, and provides an annual
    update to the RCM?s ?Comparative Matrix of
    Legislation Against Trafficking In Persons and
    Smuggling of Migrants in RCM Member Countries.?

    Canada played an active role at the Conference of
    the Parties to the United Nations Convention Against
    Transnational Organized Crime held in Vienna October
    8-17, 2008.  Canada participated in a technical
    meeting on a resolution to establish an open-ended
    interim working group to advise and assist the
    Conference in implementing its mandate with regards
    to the Trafficking In Persons protocol.  Canada also
    shared best practices in identifying fraudulent
    Qshared best practices in identifying fraudulent
    documents.

    The Department of Public Safety has funded a study
    by the Statistics Bureau on the feasibility of
    establishing a national TIP statistics data
    collection framework, including consultations with
    key stakeholders. The study is ongoing, so the

    OTTAWA 00000151  004 OF 025

    outcome is not yet available.

    ¶3. (SBU) INVESTIGATION AND PROSECUTION OF
    TRAFFICKERS

    ¶A. Canada's criminal laws prohibit trafficking in
    persons regardless of whether the trafficking occurs
    wholly within Canada or whether it involves bringing
    victims into Canada for the purpose of exploitation.
    Criminal laws apply across Canada and provide a
    uniform approach to addressing trafficking in
    persons and related conduct.

    There have been no legislative changes to Canada?s
    laws against trafficking during the reporting
    period.  The Criminal Code of Canada contains three
    specific indictable offenses to combat trafficking
    in persons:

    Section 279.01 - (1) Every person who recruits,
    transports, transfers, receives, holds, conceals or
    harbors a person, or exercises control, direction or
    influence over the movements of a person, for the
    purpose of exploiting them or facilitating their
    exploitation is guilty of an indictable offense and
    liable (a) to imprisonment for life if they kidnap,
    commit an aggravated assault or aggravated sexual
    assault against, or cause death to, the victim
    during the commission of the offense; or (b) to
    imprisonment for a term of not more than fourteen
    years in any other case.  (2) No consent to the
    activity that forms the subject-matter of a charge
    under subsection (1) is valid.

    Section 279.02 - Every person who receives a
    financial or other material benefit, knowing that it
    results from the commission of an offense under
    subsection 279.01(1), is guilty of an indictable
    offense and liable to imprisonment for a term of not
    more than ten years.

    Section 279.03 - Every person who, for the purpose
    of committing or facilitating an offense under
    subsection 279.01(1), conceals, removes, withholds
    or destroys any travel document that belongs to
    another person or any document that establishes or
    purports to establish another person's identity or
    immigration status is guilty of an indictable
    offense and liable to imprisonment for a term of not
    more than five years, whether or not the document is
    of Canadian origin or is authentic.

    Section 279.04 clarifies that for the purposes of
    sections 279.01 to 279.03, a person exploits another
    person if they (a) cause them to provide, or offer
    to provide, labor or a service by engaging in
    conduct that, in all the circumstances, could
    reasonably be expected to cause the other person to
    believe that their safety or the safety of a person
    known to them would be threatened if they failed to
    provide, or offer to provide, the labor or service;
    or (b) cause them, by means of deception of the use
    of threat of force or of any other form of coercion,
    to have an organ or tissue removed.

    These specific TIP offenses were enacted in 2005
    through Bill C-49, ?An Act to Amend the Criminal
    Code, (trafficking in persons),? and supplemented
    previously existing Criminal Code offenses that are
    applicable to trafficking in persons cases,
    including kidnapping, forcible confinement, uttering
    Qincluding kidnapping, forcible confinement, uttering
    threats, extortion, sexual assault, prostitution-

    OTTAWA 00000151  005 OF 025

    related offenses, and criminal organization
    offenses.

    The Immigration and Refugee Protection Act (IRPA),
    which came into force in June 2002, also included a
    human trafficking offense (Section 118) that applies
    to cases involving trans-border trafficking, as well
    as offenses that are applicable to trafficking.  The
    trafficking-related IRPA citations read:

    Section 117 - (1) No person shall knowingly
    organize, induce, aid or abet the coming into Canada
    of one or more persons who are not in possession of
    a visa, passport, or other document required by this
    Act.  (2) A person who contravenes subsection (1)
    with respect to fewer than 10 persons is guilty of
    an offense and liable (a) on conviction on
    indictment (i) for a first offense, to a fine of not
    more than C$500,000 (approximately US$471,698) or to
    a term of imprisonment of not more than 10 years, or
    to both, or (ii) for a subsequent offense, to a fine
    of not more than C$1,000,000 (US$943,396) or to a
    term of imprisonment of not more than 14 years, or
    to both; and (b) on summary conviction, to a fine of
    not more than C$100,000 (US$94,340) or to a term of
    imprisonment of not more than two years, or to both.
    (3) A person who contravenes subsection (1) with
    respect to a group of 10 persons or more is guilty
    of an offense and liable on conviction by way of
    indictment to a fine of not more than C$1,000,000
    (US$943,396) or to life imprisonment, or to both.
    (4) No proceedings for an offense under this section
    may be instituted except by or with the consent of
    the Attorney General of Canada.

    Section 118 - (1) No person shall knowingly organize
    the coming into Canada of one or more persons by
    means of abduction, fraud, deception or use of
    threat of force or coercion. (2) For the purpose of
    subsection (1), "organize", with respect to persons,
    includes their recruitment of transportation and,
    after their entry into Canada, the receipt or
    harboring of those persons.

    Section 119 - A person shall not disembark a person
    or group of persons at sea for the purpose of
    inducing, aiding or abetting them to come into
    Canada in contravention of this Act.

    Section 120 - A person who contravenes section 118
    or 119 is guilty of an offense and liable on
    conviction by way of indictment to a fine of not
    more than C$1,000,000 (US$943,396) or to life
    imprisonment, or to both.

    Section 121 - (1) The court, in determining the
    penalty to be imposed under subsection 117(2) or (3)
    or section 120, shall take into account whether (a)
    bodily harm or death occurred during the commission
    of the offense; (b) the commission of the offense
    was for the benefit of, at the direction of or in
    association with a criminal organization; (c) the
    commission of the offense was for profit, whether of
    not any profit was realized; and (d) a person was
    subjected to humiliating or degrading treatment,
    including with respect to work or health conditions
    or sexual exploitation as a result of the commission
    of the offense.  (2) For the purposes of paragraph
    Qof the offense.  (2) For the purposes of paragraph
    (1)(b), "criminal organization" means an
    organization that is believed on reasonable grounds
    to be or to have been engaged in activity that is
    part of a pattern of criminal activity planned and

    OTTAWA 00000151  006 OF 025

    organized by a number of persons acting in concert
    in furtherance of the commission of an offense
    punishable under an Act of Parliament by way of
    indictment or in furtherance of the commission of an
    offense outside Canada that, if committed in Canada,
    would constitute such an offense.

    In addition, the Criminal Code contains numerous
    provisions targeting those who sexually exploit
    children or who seek to profit from such
    exploitation.  Section 212(2) prohibits living on
    the avails of the prostitution of a person under the
    age of 18, carrying a maximum punishment of 14 years
    and a mandatory minimum of 2 years.  Section
    212(2.1) is an aggravated offence prohibiting the
    procuring of a young person into prostitution for
    profit and the use of threats or violence, incurring
    a maximum punishment of 14 years and a mandatory
    minimum of 5 years.  Section 212(4) makes it an
    offense to obtain, or communicate for the purpose of
    obtaining, for consideration, the sexual services of
    a person who is under 18 years of age, with a
    maximum punishment of 5 years and a mandatory
    minimum of 6 months.

    ¶B. Criminal Code Section 279.01 states that the
    maximum penalty for a person convicted of a
    trafficking in persons offense, including
    trafficking for the purpose of sexual exploitation,
    is life imprisonment where it involves kidnapping,
    aggravated assault, or sexual assault, or death and
    a maximum penalty of 14 years in all other cases.
    The maximum penalty for a trafficking in persons
    conviction under IRPA is life imprisonment and/or a
    fine not exceeding C$1,000,000 (US$943,396).  For
    information on penalties imposed during the
    reporting period, see Section 3 (E).

    ¶C. The provisions outlined above apply equally to
    trafficking for the purposes of forced labor, with
    the same penalties. Canada's criminal laws can also
    apply to offenses that have taken place, in part, in
    another country, provided that a significant portion
    of the activities constituting the offense took
    place in Canada.  For information on penalties
    imposed during the reporting period, see Section 3
    (E).

    Provinces and territories have primary
    responsibility for enforcement of labor standards,
    which apply equally to temporary foreign workers and
    Canadian workers.  Some provinces have, or are
    developing, measures to regulate the activities of
    third party recruiters.  See Section 5 (A) for
    examples of recent provincial and territorial
    initiatives.

    ¶D. The penalties for sexual assault offenses are:  a
    maximum of 10 years for sexual assault; a maximum of
    14 years imprisonment with a mandatory minimum
    penalty of four years where a firearm is used for
    sexual assault with a weapon; and, a maximum of life
    imprisonment with a mandatory minimum penalty of
    four years where a firearm is used for aggravated
    sexual assault.

    The 2008 "Tackling Violent Crime Act" strengthened
    the Criminal Code?s Dangerous Offender provisions by
    giving the police, Crown prosecutors, and courts
    increased ability to manage the threat posed to the
    Qincreased ability to manage the threat posed to the
    general public by individuals at very high risk to
    re-offend sexually and violently.  These reforms

    OTTAWA 00000151  007 OF 025

    included providing more effective sentencing and
    monitoring to prevent dangerous, high-risk offenders
    from offending again and increasing the mandatory
    minimum penalties for serious offences involving the
    use of a firearm such as sexual and aggravated
    sexual assault as well as kidnapping.

    ¶E. There were investigations, prosecutions,
    convictions, and sentences for human trafficking
    offenses during the reporting period.  The RCMP was
    involved in numerous trafficking in persons
    investigations during the reporting period,
    including in partnership with municipal police
    forces across Canada and, in some cases, with U.S.
    state or federal law enforcement agencies.
    The Statistics Bureau?s Canadian Center for Justice
    Statistics (CCJS) collects annual police-reported
    crime statistics through the Uniform Crime Reporting
    Survey (UCR2), as well as cases processed through
    the courts.  The UCR2 data includes the number of
    criminal incidents of TIP that were detected or
    recorded by police within a calendar year.  The most
    recent reporting period for these data sources is
    the 2007 calendar year; crime data from the CCJS is
    not yet available for the period from April 2008 to
    February 2009.
    The Adult Criminal Court Survey (ACCS) is a national
    database of statistical information on the number of
    appearances, charges, and cases in adult criminal
    courts. The survey is intended to be a census of
    federal statute charges heard in provincial and
    superior criminal courts in Canada. The data is
    collected by the CCJS in collaboration with
    provincial and territorial departments responsible
    for adult criminal courts.
    The government has noted that some municipal,
    territorial, and provincial investigations,
    prosecutions, and convictions of trafficking-related
    cases may not have been reported to the federal
    government.  The government recognizes that CCJS,
    UCR2, and ACCS statistics likely do not represent
    all trafficking cases in the criminal justice
    system.  This is due to a variety of factors,
    including the challenge of identifying data reported
    by the police and courts as ?trafficking? cases.
    For example, charges and/or convictions in human
    trafficking cases may be laid and/or prosecuted
    under trafficking-specific or other non-trafficking-
    specific offenses, such as kidnapping or aggravated
    sexual assault.  In addition, the number and type(s)
    of charges laid and reported by police may
    subsequently change (either at the pre-court stage
    or during the court process) by the time of
    conviction.
    However, the RCMP has confirmed some ongoing TIP
    cases and convictions.  The reporting period marked
    Canada?s first-ever convictions for TIP offenses
    under criminal code amendments passed in 2005, with
    three men pleading guilty.  All three cases involved
    domestic human trafficking for sexually exploitive
    purposes, involving both adult and child victims
    from Canada.  In all cases, time was served or is
    being served.

    In Regina (The Crown) v Nakpangi, the Ontario Court
    QIn Regina (The Crown) v Nakpangi, the Ontario Court
    of Justice sentenced a man to five years
    imprisonment (3 years for trafficking and 2 years
    for child prostitution, to be served consecutively)
    under Criminal Code sections 279.01 (trafficking in
    persons) and 212(2) (living on the avails of
    prostitution of a minor).  He is now serving his
    sentence.

    OTTAWA 00000151  008 OF 025

    In Regina v Leonard-St. Vil, the Ontario Court of
    Justice sentenced a man to three years imprisonment,
    plus three years probation, under Criminal Code
    sections 279.01 (trafficking in persons) and 212
    (living on the avails of prostitution).  He served
    his time and is now under probation.

    According to the Department of Justice, a third
    conviction took place in Quebec, where a man
    received prison sentences of two years under
    Criminal Code section 279.01 (trafficking in
    persons) and two years under section 212
    (procuring), to be served concurrently.  He is now
    serving his sentence.

    The Department of Justice has also confirmed that 12
    additional cases with 17 accused are currently
    before the courts involving human trafficking
    charges for sexually exploitative purposes under
    section 279.01 and/or section 279.03 of the Criminal
    Code.  These cases involved both adult and child
    victims.  Available information indicated that these
    victims originated from within Canada.

    In Regina v Ng, the first prosecution under IRPA
    Section 118, the British Columbia Court of Appeal
    increased Ng?s sentence by one year for
    prostitution-related offenses, following an appeal
    by the Attorney General.  He has served time.

    NGOs have commented that Canada should more
    proactively seek out instances of trafficking by
    investigating massage parlors and escort services
    and that Canada's "reactive" approach to trafficking
    was one reason for its lack of trafficking
    convictions.

    ¶F. The RCMP provides law enforcement training on
    trafficking in persons bi-annually at its
    Immigration and Passport Investigators Course for
    its own staff and officials from other agencies and
    police forces.  The week-long training session
    includes a full day dedicated to trafficking in
    persons and includes in-depth informative training
    and discussion on relevant sections of the IRPA and
    the Criminal Code, as well as training on current
    investigative techniques and identification of
    potential victims.

    In addition, in 2008 the RCMP?s Human Trafficking
    National Coordination Center (HTNCC) organized a
    series of regional events involving an integrated
    training approach for front-line officers.  These
    week-long events consisted of presentations by the
    RCMP, Department of Justice, Status of Women agency,
    CBSA, CIC, and the Public Prosecution Service, along
    with presentations of TIP case studies from
    municipal police services across Canada.  Crown
    prosecutors and NGOs were also invited to
    participate in these workshops.  During the
    reporting period, sessions took place in St. John?s,
    Newfoundland and Labrador; Charlottetown, Prince
    Edward Island; Vancouver, British Columbia; Windsor,
    Niagara Falls, Hamilton, Ottawa, and Cornwall in
    Ontario;  Winnipeg, Manitoba; and Quebec City and
    St-Jean D?Iberville, Quebec.   In 2008,
    approximately 1200 law enforcement officers, border
    services officers, and prosecutors participated in
    these anti-TIP workshops.

    During various training courses, presenters provided
    QDuring various training courses, presenters provided

    OTTAWA 00000151  009 OF 025

    information on the temporary resident permit (TRP)
    available to foreign nation victims of trafficking.
    Presenters also provided participants with a 24-hour
    toll-free number should they need more information
    on the program during non-business hours.

    The HTNCC also provides TIP awareness to new RCMP
    recruits before they enter the field.  During the
    reporting period, HTNCC members delivered TIP
    awareness presentations to recruits at the RCMP
    National Academy in Regina, Saskatchewan, RCMP
    liaison officers during their annual workshop, law
    enforcement officers attending the Canadian Police
    College?s Organized Crime and CISC courses, and to
    all law enforcement officers who will take part in
    UN peacekeeping missions in Haiti and Ivory Coast.

    In addition to the TIP workshops, both the HTNCC
    and the RCMP?s human trafficking awareness
    coordinators (HTACs) organized TIP awareness
    sessions for approximately 3500 law enforcement
    officers, prosecutors, and government employees, as
    well as about 4,000 representatives from civil
    society.

    The RCMP has updated the existing TIP reference
    guide for Canadian law enforcement to include
    additional information about identification and
    protection of victims and tips for interviewing
    victims. Training for law enforcement officers
    includes sensitization to the special needs of
    victims prior to execution of operations, i.e. prior
    to a raid on a massage parlour where both victims
    and offenders may be onsite.  The RCMP has also
    developed step-by-step guidelines on how to treat
    victims. The RCMP, in conjunction with its federal
    partners, prepared an anti-TIP training video
    containing information about the identification and
    protection of victims for use by NGOs, law
    enforcement groups, and the public. The RCMP updated
    its training video to include information about
    domestic human trafficking cases as well as
    trafficking for forced labor.  In addition, the RCMP
    developed new anti-trafficking posters, pamphlets, a
    police officer handbook, and an investigator guide
    book and pocket card, which includes contact
    information on how to report cases to law
    enforcement through an anonymous toll-free hotline
    that is administered by the Canadian Crime Stoppers
    Association.  These materials are in the tool kits
    that were distributed to all local, provincial, and
    federal police services across Canada in early 2009.

    Immigration officers working both in Canada and
    abroad receive training on TIP, including how to
    recognize and interact with a potential TIP victim,
    referral services, and training on new immigration
    guidelines. The CIC is also developing an
    interactive computer-based training package for
    officers already in the field. This electronic
    training package is targeted at both CIC and CBSA
    officers who might encounter trafficking victims.

    CBSA Migration Integrity Officers (MIOs) receive
    extensive specialized training, including on the
    detection of migrant smuggling and trafficking in
    persons, and passport and document fraud, as well as
    Qpersons, and passport and document fraud, as well as
    on intelligence collection and reporting,
    identification of inadmissible persons, and threats
    to national security.  All CBSA Border Services
    Officers undergo TIP-awareness training during their
    13 week Port of Entry Recruit Training program at

    OTTAWA 00000151  010 OF 025

    the CBSA Learning Center in Rigaud, Quebec.

    CBSA has developed a manual for border services
    officers dealing with cases of human trafficking.
    The manual provides information on how officers can
    detect human trafficking, protect victims of
    trafficking by separating them from the control of
    the trafficker and referring them to appropriate
    government services, and support the investigation
    and prosecution of trafficking offenders.

    CBSA officers at Ports of Entry receive training on
    the special needs of children who may have been
    smuggled or trafficked through the ?Our Missing
    Children? program, which trains officers in
    identifying and assisting missing and abducted
    children, including sensitivity training and special
    procedures in the conduct of interview with
    children.  CIC has published guidelines on how to
    deal with vulnerable victims for use by both CIC and
    CBSA officers.

    In 2008, Department of Justice officials continued
    to work closely with the UN Office on Drugs and
    Crime (UNODC) on the development of an advanced
    training manual for law enforcement, prosecutors,
    and the judiciary, as well as model legislation
    addressing not only the criminal law requirements
    contained in the ?Trafficking Protocol,? but also
    measures to provide assistance and protection to
    trafficking victims.  In October 2008, Department of
    Justice officials participated in a UNODC experts?
    group meeting to develop a standardized set of tools
    to enable governmental and international
    organization experts to conduct a comprehensive
    assessment of a country?s criminal justice response
    to human trafficking.

    ¶G. Canada cooperates fully with other governments in
    the investigation and prosecution of trafficking
    cases.  In addition to ratifying the Convention
    against Transnational Organized Crime and its
    protocols on migrant smuggling and TIP, Canada has
    bilateral and multilateral treaties dealing wholly
    or partially with mutual legal assistance.  Canada?s
    ?Mutual Legal Assistance in Criminal Matters Act?
    enables Canadian authorities to respond to treaty
    requests to obtain search warrants, evidence
    gathering orders, and other warrants available under
    the Criminal Code on behalf of a requesting state
    assuming the legal and evidential basis for the
    order exists.

    During the reporting period, the Department of
    Justice again received one request for mutual legal
    assistance in relation to a trafficking case that is
    currently under investigation by another country.
    The RCMP continues to participate in a Canada/China
    working group on law enforcement, including
    trafficking in persons investigations between both
    countries.

    RCMP International Liaison Officers are stationed
    throughout the world, responsible for developing and
    maintaining liaison as well as exchanging
    information with foreign officials and international
    partners, often in source countries in Asia and
    Eastern Europe.  The RCMP and municipal police
    services are involved in several international
    Qservices are involved in several international
    trafficking in persons investigations.

    The RCMP is an active member of the Interpol Working

    OTTAWA 00000151  011 OF 025

    Group on Trafficking in Human Beings and has
    attended Working Group meetings in Lyon, Bucharest,
    and Asuncion.  In September 2008, the RCMP attended
    the 9th Working Group meeting held in Windhoek,
    Namibia, where the RCMP updated the group on new
    Canadian human trafficking initiatives.  The meeting
    also enabled intelligence gathering on new human
    trafficking trends and sharing of best practices for
    combating TIP.

    ¶H. Canada cooperates with other countries to
    extradite individuals, including its own nationals,
    when trafficking offenses take place abroad.
    Canada's Extradition Act, along with various
    extradition agreements, provides the legal framework
    to extradite persons from Canada at the request of
    an extradition partner for the purposes of
    prosecuting that person, imposing a sentence, or
    enforcing a sentence on that person.  Generally, the
    offense for which the extradition is requested must
    be punishable by imprisonment of at least two years.

    ¶I. There is no evidence of any government
    involvement in, or tolerance of, trafficking.  See
    Section 2 (C).

    ¶J. There is no evidence of any government
    involvement in trafficking in persons.  See Sections
    2 (C) and 3 (J).

    ¶K. The Criminal Code prohibits three classes of
    activities related to prostitution: keeping or being
    an inmate in a common bawdy-house (S.210); procuring
    or living on the avails of prostitution (S.212);
    and, communicating in a public place for the purpose
    of engaging in prostitution (S.231).

    All prostitution involving minors (under age 18) is
    illegal and subject to mandatory minimum sentences.
    Criminal Code subsection 212(2) imposes a maximum
    penalty of 14 years imprisonment for living on the
    avails of the prostitution of a person under 18
    years.  Subsection 212(2.1) imposes a mandatory
    minimum penalty of 5 years and a maximum of 14 years
    for living on the proceeds of the prostitution of a
    person under 18 through the use of
    force/intimidation/ coercion.  Subsection 212(4)
    prohibits obtaining for consideration the sexual
    services of a minor, or communicating with anyone
    for that purpose, and imposed a mandatory minimum
    penalty of 6 months and a maximum of 5 years
    imprisonment.

    ¶L. There are no known cases of any Canadian Forces
    or officials abroad engaging in or facilitating
    trafficking in persons.  The government has pledged
    vigorously to investigate and, as appropriate,
    prosecute any officials suspected of such
    involvement under Canada's laws.  See also Section 2
    (F) for information on TIP training for peacekeepers
    in Haiti and Ivory Coast.

    The Department of National Defence is committed to
    comprehensive implementation of the NATO Policy on
    Combating Trafficking in Human Beings.  The Canadian
    military justice system has jurisdiction to address
    disciplinary issues involving Canadian Forces (CF)
    members who are participating in operations outside
    of Canada, even while members of the CF are involved
    in a UN or other international operation.  In
    particular, Part III of the ?National Defence Act?
    Qparticular, Part III of the ?National Defence Act?
    (NDA) (also known as the Code of Service Discipline

    OTTAWA 00000151  012 OF 025

    or CSD), details who is subject to the CSD, and
    liable to be charged and tried for an alleged
    service offence, whether the offence is committed in
    or outside Canada.  The NDA also defines the term
    ?service offence? to include all offenses under the
    NDA, the Criminal Code, and any other Act of
    Parliament.

    In addition to dealing with service offences based
    on Canadian laws, disciplinary action under the CSD
    can also address an alleged act or omission
    committed by someone subject to the CSD while
    outside Canada when that act or omission is an
    offense under the law in the place where it occurs.

    ¶M. Canada is a source country for sex tourists.
    According to NGOs and activists, anecdotal evidence
    suggests Canada may also be a destination country
    for sex tourists from the United States.  In
    February 2008, the Parliament acted to help protect
    children by passing the "Tackling Violent Crime
    Act," which raised the age of consent to sexual
    activity (non-commercial) from 14 to 16 years old.

    The Criminal Code allows Canada to prosecute
    Canadian citizens and permanent residents who
    sexually assault children abroad when the alleged
    criminal is not charged or convicted by the country
    in which the offense is alleged to have been
    committed.  An amendment to the Code in 1997
    permitted the prosecution of Canadian citizens or
    permanent residents who engage in prohibited sexual
    activity with children while abroad (subsection
    7(4.1)), including seeking/obtaining the sexual
    services of any person under 18 years.  This
    legislation stipulated that Canada could initiate
    prosecution only at the request of the country where
    the crime reportedly happened, as well as the
    consent of Canada's Attorney General, except in
    cases of child prostitution.  In 2002, Parliament
    passed "An Act to Amend the Criminal Code and to
    Amend Other Acts," which simplified the process of
    prosecuting Canadians who sexually assault children
    abroad by removing the requirement that the country
    in which the crime was committed must request the
    criminal be prosecuted in Canada.

    To date, there have been three Canadians convicted
    under laws against child sex tourism committed
    abroad.  In November 2008, Armand Huard and Denis
    Rochefort (who had been charged in February 2008)
    pled guilty, with Huard sentenced to 3 years
    imprisonment for sexually abusing young orphans in
    Haiti, and Rochefort sentenced to 2 years
    imprisonment and 3 years probation.   In 2005 in
    Regina v. Bakker, a Vancouver hotel worker pled
    guilty to acts of sexual aggression (seven of which
    were against a minor in Asia), and received a 10
    year prison sentence.  Other cases remain before
    the courts.  From 1997 to September 2007, there
    were at least 110 cases involving Canadians charged
    with or prosecuted by destination countries for
    engaging in child molestation.

    Despite Canada?s efforts in this regard, NGOs and
    experts have claimed that, since Canada has the
    necessary laws on the books, it should enforce these
    Qnecessary laws on the books, it should enforce these
    laws more actively.  Specifically, they have
    recommended that Canada station RCMP officers abroad
    dedicated solely to investigating sex tourism, and
    have criticized Canada for seeming to prefer that
    the country in which the crime was alleged to have

    OTTAWA 00000151  013 OF 025

    taken place prosecute Canadian and other foreign sex
    tourists.

    ¶4. (SBU) PROTECTION AND ASSISTANCE TO VICTIMS

    ¶A. Witness protection is provided by both the
    nationwide federal government under the ?Witness
    Protection Program Act? (WPPA) as well as
    provincially-administered programs.  A human
    trafficking victim could be eligible to receive
    protection under either the federal or provincial
    programs to assist law enforcement and prosecution.

    The federal WPPA program under the RCMP provides the
    legal framework to protect persons who provide
    sensitive assistance to law enforcement agencies.
    While services offered to witnesses are decided on a
    case-by-case basis, protection can include
    relocation, accommodation, and change of identity,
    as well as counseling, training, and financial
    support to ensure the person?s safety and to
    facilitate their rehabilitation.   As of February
    2008, no victims of human trafficking have applied
    for protection under this program.  NGOs have argued
    that the government should improve communication
    with victims of human trafficking regarding witness
    protection programs.

    Victim services are the responsibility of
    provincial/territorial governments.  Each of the
    provinces and territories has set up victim services
    using court-based or police-based models.  The
    specific services vary but include provision of
    information, support and referral, counseling, court
    preparation, assistance in the completion of victim
    statements.  Some provinces provide specialized
    services for TIP victims, such as assistance under
    provincial family violence legislation, sexual
    assault/rape crisis centres, violence awareness
    programs for women, partner assault response
    programs, and targeted programs for women and
    children, child victims, and Aboriginal victims.
    See also Section 4 (B and D) for further information
    on protection of TIP victims.

    ¶B. There are victim care facilities accessible to
    trafficking victims, including foreign victims.  The
    protection of victims of all crime, including
    trafficking, is a shared responsibility between the
    federal and provincial/territorial governments.
    Numerous programs and services are available to
    victims of crime, including trafficking victims,
    ranging from health care to emergency housing and
    social and legal assistance.  Each province and
    territory separately administers legal aid programs,
    with eligibility based primarily upon financial
    need.  Similarly, social services such as emergency
    financial assistance, including food allowances and
    housing, are administered at the provincial and
    territorial levels and available to those in need.

    NGOs and faith-based organizations have claimed that
    the majority of victims rely upon them for
    assistance such as shelter and food.  Some of these
    organizations receive government funding.  See
    Section 4 (C).

    Provinces and territories are primarily responsible
    for the administration and enforcement of laws
    related to children and youth, as well as the
    Qrelated to children and youth, as well as the
    provision of socio-legal services geared towards

    OTTAWA 00000151  014 OF 025

    children.  All provinces and territories have child
    protection laws and agencies responsible for
    assisting children in need, focused on the principle
    of protecting the best interest of the child.  Where
    a child is in need of protection, an array of
    services to meet the needs of the child comes into
    play.

    In October 2007, a Member of Parliament submitted a
    non-binding motion (M-217) to the House of Commons
    urging the government to establish safe houses under
    federal jurisdiction but run by NGOs to provide
    medical treatment and shelter for trafficking
    victims.  The motion included a stipulation that
    authorities provide female immigrants aged 15 to 21
    years old with the shelters' telephone numbers upon
    arrival in Canada.  The Commons did not debate the
    motion before the 39th Parliament came to an end
    before the October 2008 federal election.

    ¶C. Trafficking victims have access to legal,
    medical, and psychological services.  The federal
    and provincial/territorial governments share
    responsibility for responding to the needs and
    concerns of TIP and other crime victims. The federal
    government?s role focuses on application of the
    Criminal Code and related criminal statutes.  The
    provinces and territories are primarily responsible
    for providing services and assistance to victims of
    crime.  All federal, provincial, and territorial
    Attorneys General in 2003 re-affirmed commitment to
    the Canadian Statement of Basic Principles of
    Justice for Victims of Crime.

    The federal government provides funding to foreign
    and domestic NGOs for services to TIP and other
    crime victims.  In 2000, the government established
    the Victims' Fund at the Department of Justice to
    encourage the development of new approaches to meet
    the needs of victims.  Community groups and NGOs may
    apply to the Victims' Fund to develop programs to
    fill gaps in the delivery of services to victims.
    The Policy Center for Victim Issues at the
    Department of Justice also provides victim support
    by commissioning research on victim-related issues,
    creating and disseminating fact sheets on victim
    issues, and consulting with NGOs and victims.

    In 2008, the government continued to support TIP and
    other crime victims through ongoing funding of C$5
    million (US$4.7 million) per year to support
    initiatives designed to increase victims' confidence
    in the criminal justice system, to raise awareness
    about the needs of crime victims, and to facilitate
    the provision of available services and assistance
    to victims and their families.  In 2007, the
    government allocated an additional C$52 million
    (US$49million) for use over four years on programs,
    services, and funding to support federal,
    provincial, and territorial efforts to meet the
    needs of TIP and other crime victims.  The mandate
    of the federal Ombudsman for Victims of Crime
    (established in April 2007) includes promoting
    access to federal governmental programs and services
    available to TIP and other crime victims, addressing
    complaints about compliance with the provisions for
    Qcomplaints about compliance with the provisions for
    TIP and other crime victims in the ?Corrections and
    Conditional Release Act,? and identifying issues
    that have a negative impact on victims.  The
    Ombudsman has identified the sexual abuse of
    children and the distribution of child sexual abuse
    images as priority issues.

    OTTAWA 00000151  015 OF 025

    As noted in Section 4 (D), foreign nationals who may
    be TIP victims can receive a Temporary Resident
    Permit (TRP).  Permit-holders have access to
    Canada?s Interim Federal Health Program (IFHP),
    ensuring that they receive the immediate medical
    attention required.  The IFHP covers essential and
    emergency health services for the treatment and
    prevention of serious medical conditions and the
    treatment of emergency dental conditions.  In the
    case of trafficking victims, trauma counselling is
    also included.

    DFAIT and CIDA provide technical assistance and
    foreign aid to support the prevention of
    trafficking, the prosecution of traffickers, and the
    protection of victims, including:

    -- CIDA, in partnership with Save the Children
    Canada, funds Fight against Child Trafficking in
    West Africa, which aims to eliminate the trafficking
    of children into forced labor and to support the
    rehabilitation of children who have been trafficked
    in West Africa.  The project ?Fight Against Child
    Trafficking In West Africa? also aims to reduce the
    vulnerability and exploitation of migrant children
    in the trans-boundary area between Mali and Burkina
    Faso, and along the borders of Guinea and Ivory
    Coast;
    -- CIDA supports the OSCE/ODIHR Anti-Trafficking
    Program European regional program to combat
    trafficking, which is working to coordinate and
    implement activities across the former Soviet Union
    and Southeast Europe;
    -- From 2004-2010, CIDA supports the Southeast Asia
    Regional Cooperation in Human Development (SEARCH)
    program, which works with the United Nations
    Interagency Program (UNIAP) to address trafficking
    in persons in the Greater Mekong Sub-region.

    ¶D.  The government assists foreign trafficking
    victims.  Guidelines introduced in May 2006 allow
    immigration officers to issue short-term, fee-
    exempt, Temporary Resident Permits (TRPs) to victims
    of human trafficking. TRP holders have access to
    Canada's Interim Federal Health Program (IFHP),
    which covers essential and emergency health services
    for the treatment and prevention of serious medical
    conditions and the treatment of emergency dental
    conditions.  In the case of trafficking victims,
    trauma counseling is also included.

    In June 2007, Canada's Minister of Citizenship and
    Immigration extended the length of TRPs for victims
    of human trafficking from 120 days to 180 days.
    Victims are eligible to apply for a fee-exempt work
    permit.  Depending on the circumstances of
    individual cases, victims can seek renewal of their
    TRPs at the end of the 180-day period, and may be
    eligible for long-terms TRPs for up to three years.

    Trafficking victims are not required to testify
    against their trafficker to gain temporary or
    permanent immigration status.  Canada has undertaken
    efforts to encourage the participation of victims in
    supporting the prosecution of alleged offenders,
    including the provision of victim support and
    assistance and the use of testimonial aids.

    Persons who claim risk of persecution, torture, or
    QPersons who claim risk of persecution, torture, or
    cruel and unusual treatment or punishment upon
    return to their countries of nationality may make an

    OTTAWA 00000151  016 OF 025

    in-Canada refugee claim.  However, NGOs have
    expressed concern that victims of trafficking
    choosing to make an in-Canada refugee claim are not
    always identified as victims of human trafficking in
    Canada?s TIP statistics.

    In February 2009, a Canadian Senator introduced ?The
    Victims of Human Trafficking Protection Act? as a
    private member?s bill to codify as law the
    procedures for trafficking victims to receive
    temporary resident status.  The bill would amend
    IRPA to provide for the issuance of a victim
    protection permit authorizing a trafficking victim
    to remain in Canada as a temporary resident for 180
    days, or for three years in certain circumstances.
    The bill remains under consideration in the Senate.
    The Senate had previously debated two earlier
    versions of the same bill, without passage.

    ¶E. The government provides longer-term shelter or
    housing benefits and other resources to victims, as
    noted in Section 4 (B).  Social programs such as
    health care, emergency housing, legal aid, and
    emergency financial assistance are primarily offered
    by provincial and territorial governments.  Canadian
    citizens and residents are entitled to apply for
    these services, but eligibility requirements for
    services based on financial need vary by
    jurisdiction.  None of these services is explicitly
    linked to whether an individual is a victim of
    crime.

    ¶F.  The government has a referral process to help
    victims, as noted in Section 4(H).  Victim service
    delivery is the responsibility of provincial/
    territorial governments.  Each of the provinces and
    territories has set up victim services to address
    the needs of victims using court-based and police-
    based models.  The specific services offered to
    victims, including those offered in shelters, may
    include: the provision of information; support and
    referral; counseling; court preparation; and
    assistance in the completion of victim statements.
    Services are available for all victims of crime, but
    some provinces provide specialized services,
    including assistance under provincial family
    violence legislation, sexual assault/rape crisis
    centers, violence awareness programs for women,
    partner assault response programs, and targeted
    services for women and children and aboriginal
    victims.

    ¶G.   Under Canada?s federal system, there is no
    official mechanism for collecting statistics on
    identified TIP victims. However, as noted in Section
    3 (E), the CCJS collects information on TIP charges
    and their outcomes.  In addition, CIC collects data
    on the number of TRPs issued to TIP victims.  During
    the reporting period, 17 TRPs (some of which were
    re-authorizations) were issued to 15 foreign
    nationals as victims of trafficking.  As noted in
    Section 2(D), the federal government is conducting a
    study on the feasibility of establishing a national
    TIP statistics data collection framework.

    ¶H. The government?s law enforcement, immigration,
    and social services personnel have a variety of
    system proactively to identify TIP victims, as
    Qsystem proactively to identify TIP victims, as
    described in Section 4 (F)

    CIC's guidelines to assess whether a foreign
    national may be a TIP victim include a checklist of

    OTTAWA 00000151  017 OF 025

    indicators to assist officers in distinguishing a
    possible TIP victim from a routine case of irregular
    migration.  When, in the judgment of an officer, an
    adequate number of indicators are present, the
    officer has the option of referring the possible TIP
    victim to CIC for consideration for a TRP.  The
    guidelines instruct both CIC and CBSA officers to
    take action to ensure the safety of the possible
    victim and to ensure that the possible victim is
    separated from the control and custody of any
    possible trafficker.  The officers also must
    coordinate with NGO and law enforcement partners to
    ensure the victim will go to a shelter or receive
    police protection, as appropriate.  The guidelines
    advise officers to proceed with extreme tact and
    sensitivity once a person is identified as a
    possible TIP victim.  The guidelines also include
    special provisions for dealing with child TIP
    victims.

    ¶I. Canada respects the rights of TIP and other crime
    victims.  The ?Canadian Statement of Basic
    Principles of Justice for Victims of Crime? outlines
    the basic principles that guide the development of
    policy, programs, and legislation pertaining to all
    victims of crime in Canada.  As noted in Section 3
    (K), while prostitution is not illegal in Canada,
    many of the activities surrounding it are illegal.
    Also, as stated in Section 3 (F), law enforcement
    officers receive training on how to identify TIP
    victims and how to show sensitivity to their special
    needs.

    ¶J. The government encourages but does not require
    victims to assist in the investigation or
    prosecution of alleged trafficking offenders.
    Canada's Criminal Code contains numerous provisions
    to facilitate a victim's/witness' participation in
    criminal proceedings.  In 2005, Canada expanded
    these provisions so that they are available to
    vulnerable adult victims and witnesses as well,
    including TIP victims.  The provisions include:

    Section 486.1 - (1) Authorizes the presence of a
    support person for a child witness or person with a
    mental or physical disability when that person
    testifies in any proceeding unless the support
    person's presence would interfere with the proper
    administration of justice.  (2) Authorizes the
    presence of a support person for all other witnesses
    where doing so would be necessary to obtain a full
    and candid account from the witness of the acts
    complained of.  In determining whether to permit a
    support person in this case, the judge/justice must
    take into consideration the age of the witness,
    whether the witness has a physical/mental
    disability, the nature of the offense, the nature of
    any relationship between the witness and the
    accused, and any other circumstances that the
    judge/justice considers relevant.

    Section 486.2 - (1) Authorizes giving of testimony
    outside of the court room (via closed/circuit
    television) or behind a screen or other device by a
    child witness or of a witness who has difficulty
    communicating evidence by reason of a mental of
    physical disability.  Such measures must not
    Qphysical disability.  Such measures must not
    interfere with the proper administration of justice.
    (2) Authorizes giving of testimony outside the court
    room (via closed/circuit television) or behind a
    screen or other device for all other witnesses if
    the judge/justice is of the opinion that it is

    OTTAWA 00000151  018 OF 025

    necessary to obtain a full and candid account from
    the witness of the alleged acts.  In determining
    whether to permit such measures, the judge/justice
    must take into consideration the age of the witness,
    whether the witness has a physical/mental
    disability, the nature of the offense, the nature of
    any relationship between the witness and the
    accused, and any other circumstances that the
    judge/justice considers relevant.

    Sections 714.1-714.4 authorize a witness to provide
    evidence by means of audio or video technology,
    where deemed appropriate by the court, from either
    within Canada or outside Canada.

    While the federal government does not keep
    statistics regarding the number of victims who
    participated in the investigation and prosecution of
    TIP offenses, available information indicates that,
    during the reporting period, at least some TIP
    victims assisted in investigations and prosecutions.

    A TIP or other crime victim is entitled to prepare a
    victim impact statement, which is a written
    statement made by the victim that describes the harm
    done to the victim and, more generally, the impact
    the crime has had on his/her life.  The court must
    take statement into account when considering the
    sentence of the guilty.

    Civil redress against perpetrators of crime is a
    matter of provincial/territorial responsibility in
    Canada.  The provinces and territories have enacted
    legislation in their respective jurisdictions that
    outline numerous rights for victims of crime,
    including, in most cases, the right to seek
    compensation.

    In addition, offenders sentenced for TIP offenses
    under the Criminal Code may receive a restitution
    order as part of their sentence.  A restitution
    order can cover:  the cost of damage to,  loss or
    destruction of the property of any person as a
    result of the commission of an offense;  all
    pecuniary damages, including loss of income or
    support, to any person who has suffered bodily harm
    as the result of the commission of an offense; and,
    the cost of all actual and reasonable expenses
    incurred by a member of the offender's household
    associated with a person having to move out of that
    household, such as for temporary housing, food,
    child care, and transportation.  Offenders may be
    required to pay an amount directly to the victim to
    cover monetary losses or damage to property caused
    by the crime.

    The WPPA provides a legal framework to protect
    persons who are involved in providing assistance to
    law enforcement in various matters.  Protection can
    include relocation, accommodation, and change of
    identity, as well as counseling and financial
    support necessary to ensure the security of
    witnesses and to facilitate their re-establishment
    and self-sufficiency.  The Source Witness Protection
    Program is housed within the RCMP.

    In June 2008, the Manitoba provincial legislative
    assembly passed legislation to establish a Witness
    Security Program to provide protection to witnesses
    who are assessed to be at risk of injury or death if
    Qwho are assessed to be at risk of injury or death if
    they testify in criminal cases.  Saskatchewan is
    currently in the process of enacting similar

    OTTAWA 00000151  019 OF 025

    legislation.  Quebec, Ontario, and British Columbia
    provinces have similar witness protection mechanisms
    in place.

    ¶K. The government provides a variety of specialized
    training for government officials in identifying
    trafficking victims, as described in Section 3 (F).

    Canadian embassies, consulates, and other overseas
    missions fight against trafficking in persons
    through the development of relationships with NGOs
    and participation in international conferences.  The
    government has developed consular guidelines for
    Canadian diplomats on combating sexual exploitation
    of children by Canadians abroad.  These guidelines
    describe Canada?s law against child sex tourism and
    encourage referral of complaints to the local law
    enforcement/local Interpol office/RCMP liaison
    officer.  The Department of Foreign Affairs was
    unable to provide any specific examples of cases in
    which Canadian Embassies assisted trafficking
    victims during the reporting period, however.

    The RCMP has updated its TIP reference guide for
    Canadian law enforcement agencies to include
    additional information about the identification and
    protection of TIP victims and useful tips for
    interviewing victims.  The government will
    distribute the guides to law enforcement agencies
    throughout Canada. Training for law enforcement
    officers includes sensitization to the special needs
    of TIP victims prior to the execution of operations,
    such as a raid on a massage parlor where both
    victims and offenders may be on-site.  The RCMP has
    also developed step-by-step guidelines for
    international and domestic cases on how to treat
    victims once they are identified.  In conjunction
    with its federal partners, the RCMP prepared an
    anti-TIP training film on how to identify and
    protect victims.  The RCMP shows the film to NGOs
    and law enforcement groups.  The RCMP is currently
    developing a new awareness film that will include
    information about domestic trafficking cases and
    labor trafficking.

    ¶L.  There is assistance for Canadians who might be
    repatriated as victims of trafficking.  Social
    programs such as universal health care, emergency
    housing, legal aid or emergency financial assistance
    are primarily administered at the
    provincial/territorial levels.  Canadian citizens
    are entitled to apply for these services, but the
    exact eligibility requirements based on financial
    need (such as legal aid or social assistance) vary
    from jurisdiction to jurisdiction.  Landed
    immigrants will generally have access to the same
    benefits as Canadian citizens, although eligibility
    for such benefits will depend on the jurisdiction.

    ¶M. There are no international organizations or NGOs
    working with trafficking victims in Canada.

    However, DFAIT provides support to combat
    trafficking in persons internationally through a
    variety of funding sources, including a C$2.45
    million (US$2.31 million) annual contribution to the
    UN Office on Drugs and Crime (UNODC).  Other
    examples of DFAIT-funded anti-TIP projects during
    Qexamples of DFAIT-funded anti-TIP projects during
    the reporting period include:

    -- capacity-building in international cooperation in
    criminal matters : organization of a seminar on

    OTTAWA 00000151  020 OF 025

    International Legal Cooperation in the Caribbean and
    promotion of the use of the UN Convention against
    Transnational Organized Crime and its protocols as
    the legal basis for international cooperation;
    -- strengthening national and regional capacities in
    preventing and combating trafficking in persons in
    Central America:  support to governments, civil
    society, and the international community in the
    harmonization of legislation to comply with the
    requirements of the UN Convention against
    Transnational Organized Crime and its Protocols, in
    particular the Protocol to Prevent, Suppress, and
    Punish Trafficking in Persons, especially Women and
    Children; and,
    -- combating trafficking in persons in Colombia:
    assistance to Colombia on the development of a
    national strategy against trafficking in persons and
    to support the prevention, investigation, and
    prosecution of trafficking in persons.

    As noted in Section 4 (C), CIDA also funds a series
    of projects in West Africa, Southeast Asia, and
    countries from the former Soviet Union to promote
    collaboration with local authorities.
    Since 1996, the Department of Human Resources and
    Social Development has supported projects under the
    ILO's International Program for the Elimination of
    Child Labor to eliminate child slavery, debt
    bondage, serfdom, and other exploitative labor
    practices, most recently in the Caribbean and in
    Central and South America.

    ¶5. (SBU) PREVENTION

    ¶A. The government undertakes a broad range of
    trafficking in persons prevention and awareness
    measures.  In January 2008, the government provided
    new funding of C$6 million (US$5.7 million) to
    strengthen existing initiatives combating the sexual
    exploitation and trafficking of children.  A portion
    of this was for a partnership that the Minister of
    Public Safety announced in January 2009 with CCSA
    and the RCMP to use the Crime Stoppers? national
    hotline as a central point for reporting suspected
    cases of human trafficking.

    Through the Status of Women agency and its two funds
    -- the Women's Community Fund and the Women's
    Partnership Fund -- Canada supports community and
    collaborative projects to advance the equality of
    women, with violence against women one of the two
    priority issues.

    The RCMP continues to work to raise awareness, both
    within the law enforcement community and the general
    public.  In 2008, the RCMP conducted awareness
    sessions for approximately 4,000 members of civil
    society across Canada.  The RCMP also works to raise
    awareness in the law enforcement community with
    several TIP tools, including a reference guide,
    awareness cards, posters, and a TIP film.  These
    awareness tools are part of law enforcement tool
    kits that hundreds of law enforcement officials
    received in 2008.

    CIC, in collaboration with the Department of Human
    Resources and Social Development, distributes
    information to temporary foreign workers informing
    them where they can seek assistance on issues
    related to employment as well as health and safety
    Qrelated to employment as well as health and safety
    standards.  Live-in caregivers and their employers
    receive information from a CIC publication, "The

    OTTAWA 00000151  021 OF 025

    Live-In Caregiver Program."   The publication
    contains a sample contract, contact information for
    provincial/territorial labor standards officers, and
    live-in caregiver associations.  The Canadian visa
    office in Manila funds in-person group orientation
    sessions further to prepare live-in caregivers for
    work in Canada.

    Regarding projects that target vulnerable or
    potential trafficked victims, the National Crime
    Prevention Center supports trafficking prevention
    programs from a policy perspective.  It funded the
    development of a practical assessment tool, called
    "Guidance on Local Safety Audits: A Compendium of
    International Practice," which identified the means
    to gather a clear picture of crime and victimization
    in a given city, specified key populations and
    issues that should be examined, and outlined sources
    for information.  The Center has also funded
    preventive actions for populations most vulnerable
    to trafficking, such as street youth, sexually
    exploited children and youth, youth involved with
    drugs, and women involved in the sex trade.  The
    Center has also established aboriginal specific
    initiatives.  See Section 4 (M) for additional
    information on Canada's international technical
    assistance projects that include prevention and
    awareness-raising.

    ¶B.  The government monitors immigration and
    emigration patterns for evidence of trafficking, and
    law enforcement agencies screen for potential
    trafficking victims along borders.

    Joint U.S.-Canadian Integrated Border Enforcement
    Teams (IBETs) enhance border integrity and security
    along the U.S.-Canada border by identifying,
    investigating, and interdicting persons and
    organizations that pose a threat to national
    security or are engaged in other border-related
    criminal activity.  There are 15 IBET regions with
    24 locations along the border.  IBET's core agencies
    include the RCMP and CBSA on the Canadian side, and
    CBP, ICE, and the U.S. Coast Guard on the USG side.
    In addition to these five core agencies, there are
    federal, provincial, state, and municipal agencies
    within IBET.

    Integrated Border Intelligence Teams (IBITs) support
    IBETs and partner agencies by collecting, analyzing,
    and disseminating tactical, investigative, and
    strategic intelligence information pertaining to
    cross border crime between the U.S. and Canada.
    They share this intelligence with participating
    agencies to target international/national/criminal
    organizations.

    The Criminal Visa Screening Unit at the RCMP gathers
    intelligence on potential travelers to Canada from
    foreign countries for the purpose of targeting
    organized crime.  It is currently expanding
    specifically to focus on trafficking in persons.
    The enhanced criminal screening process along with
    location visits and on-site interviews in Canada by
    RCMP and CBSA determine the validity of travel
    requests, the accuracy of information presented by
    visitors, and potential organized crime links.

    CBSA monitors irregular migration to Canada and
    QCBSA monitors irregular migration to Canada and
    publishes regular intelligence analyses, which
    identify trends and patterns in irregular migration
    and migration-related crime, including trafficking

    OTTAWA 00000151  022 OF 025

    in persons.  In addition, CBSA performs a number of
    functions to prevent trafficking of persons into
    Canada to deter trafficking organizations from using
    Canada as a destination country or a transit
    country, and to investigate and support the
    prosecution of trafficking offenders, including:
     -- Migration Integrity Officers (MIOs) work with
    airline security and local authorities in 45
    countries to prevent irregular migration, including
    migrant smuggling, by interdicting individuals
    before they arrive in Canada;
    -- MIOs provide advice to airlines on persons who
    may be attempting to travel without proper
    documentation, and assist visa officers in combating
    visa fraud;
    -- MIOs work with international law enforcement
    partners to detect trends and patterns in irregular
    migration and collect and report intelligence
    information on irregular migration, organized
    migration crime rings, and the routes and methods
    they use;
     -- visa officers posted abroad by CIC are also
    trained to be vigilant in identifying possible TIP
    victims when examining both permanent and temporary
    applications submitted abroad;
    -- CBSA maintains Border Services Officers at 245
    Ports of Entry, who examine foreign nationals
    seeking entry to Canada to ensure they have genuine,
    properly-obtained travel documents, and are entering
    Canada for a genuine and lawful purpose;
     -- enforcement officers receive training to
    identify possible TIP victims in order to refer them
    to CIC officials.

    Canadian immigration visa officers and MIOs at
    Canadian missions abroad collaborate on anti-fraud
    activities overseas to ensure the integrity of the
    Canadian managed migration program.  Canada also
    cooperates with national police, as well as the
    migration and law enforcement officers of various
    embassies, to identify, investigate, and shut down
    criminal organizations involved in document forgery
    and trafficking in persons.  Canadian immigration
    officers also provide technical assistance to
    support collaborative efforts with other countries
    on trafficking.

    During the rating period, the government introduced
    a proposed "Act to Amend the Immigration and Refugee
    Protection Act" that would allow immigration
    officers, on the instructions of the Minister of
    Citizenship, Immigration, and Multiculturalism, to
    use their discretion to refuse to issue work permits
    in situations where individuals might be subjected
    to humiliating or degrading treatment, including
    sexual exploitation.  The bill lapsed upon the
    dissolution of Parliament before the October 2008
    federal election, and the government has not yet re-
    introduced it in the new Parliament.

    ¶C. There is a mechanism for coordination and
    communications among agencies on trafficking-related
    matters, the IWGTIP, as described in Section 2 (B).
    Canada fully recognizes the importance of
    collaboration with domestic partners, including the
    provinces and territories, as well as members of
    civil society, more effectively to combat
    trafficking in persons.  The RCMP delivered
    Qtrafficking in persons.  The RCMP delivered
    presentations on raising awareness of trafficking in
    persons to civil society and the general public.

    Provincial and territorial governments also work

    OTTAWA 00000151  023 OF 025

    with NGOs to fight trafficking in persons.  In 2007,
    British Columbia's provincial Ministry of Public
    Safety and its Solicitor General launched Canada?s
    first provincial Office to Combat Human Trafficking
    (OCTIP) to identify gaps and barriers to providing
    services to trafficked persons, and, in partnerships
    with key stakeholders, to develop a comprehensive
    protocol.  In November 2008, the BC OCTIP held its
    first-ever conference bringing together law
    enforcement, NGOs, academics, government, and
    political representatives.  Representatives from
    U.S. Consulate Vancouver, including the ICE attache,
    participated.  With NGOs predicting an increase in
    human trafficking for the Vancouver 2010 Winter
    Olympic Games, the BC OCTIP intends to play an
    important role in combating trafficking in the
    province.

    ¶D. Canada does not have a formal national action
    plan.  In its efforts to combat trafficking,
    however, Canada focuses on a framework around what
    it calls the four "Ps:" prevention, protection of
    victims, prosecution of offenders, and through
    partnerships.

    ¶E. Canada has undertaken several strategies to
    combat trafficking in persons by addressing demand.
    Notably, Canada's criminal laws against trafficking,
    prostitution, assault, sexual assault, and forcible
    confinement help dissuade persons from engaging in
    conduct that fuel the demand for exploitative labor
    or services.  In addition, Canada's trafficking
    offenses address not only the trafficking of
    persons, but also those who receive a financial or
    other material benefit from the commission of a
    trafficking offense.  Canada's sex tourism offenses
    allow for the prosecution of those Canadian citizens
    or permanent residents who travel abroad to engage
    in prohibited sexual activity with children.

    Canada also addresses demand by supporting programs
    that raise awareness and train law enforcement
    officials to identify victims and prosecute
    offenders.  Canada supports prevention awareness and
    research to address demand.  See Sections 3 (M) and
    5 (F) for examples of efforts to prevent the demand
    for child sex tourism.

    The government has continued to provide financial
    support for the Canadian Center for Child
    Protection, a national charitable organization, in
    order to pursue more leads from the public about the
    suspected on-line exploitation of children, to raise
    public awareness better to protect children, and to
    develop educational materials on issues related to
    child sexual exploitation.  The Center also runs
    Cybertip.ca, Canada's tip line for reporting on-line
    child sexual exploitation, and "Kids in the Know," a
    comprehensive personal safety and sexual
    exploitation prevention program.

    ¶F. Canada is adamantly opposed to participation in
    international child sex tourism by its nationals and
    has undertaken a variety of measures to reduce it.
    See Section 3 (M) for how Canada's criminal laws
    address child sex tourism.

    The RCMP is the international contact point for
    investigation and assignment of files involving
    Qinvestigation and assignment of files involving
    Canadian suspects and victims of Internet-
    facilitated child sexual exploitation. The RCMP's
    National Child Exploitation Coordination Center

    OTTAWA 00000151  024 OF 025

    receives information through national and
    international partnerships, Interpol, and domestic
    law enforcement. Individuals engaged in sex tourism
    are included in this information due to their use of
    the Internet in organizing and communicating travel
    activities as well as posting/distributing sex abuse
    images.  The Center coordinates intelligence and
    provides investigations support and expertise to
    enable Canadian law enforcement to investigate these
    offenses.

    DFAIT's tourist publication, "Bon Voyage, But..."
    advises Canadian travelers of the Canadian child sex
    tourism offense and warns that child sexual
    exploitation may also be prohibited in the
    destination country.  DFAIT provides related
    information in its Country Reports for travelers to
    consult prior to departure.  The government has
    developed an awareness-raising poster
    (www.voyage.gc.ca/main/pubs/child ensure-en.asp).
    See Section 4 (K) for guidelines for consular
    officers posted abroad.

    The government's funding for the Canadian Center for
    Child Protection also addresses child sex tourism,
    as many child sex tourists exchange information and
    locate victims via the Internet.  See Section 5 (E).
    Cybertip.ca is one way the Center is fighting on-
    line child exploitation, which is often connected to
    child sex tourism.

    NGOs and outside experts have suggested that Canada
    could additionally help to curb child sex tourism
    and to increase prosecutions by requiring child sex
    offenders listed on the National Sex Offender
    Registry to receive permission to leave the country,
    and/or by restricting passports of child sex
    offenders who are deemed to be a risk to children
    abroad. Currently, child sex offenders are not
    required to report their absence from Canada unless
    they will be abroad for more than fourteen days.  In
    November 2007, a Member of Parliament introduced a
    non-binding motion in the House of Commons to allow
    the Foreign Minister, at the request of a competent
    authority, to refuse to issue a passport to, or
    cancel a passport of, a person suspected to pose a
    danger to a child.  The Commons did not debate the
    motion before the dissolution of Parliament in
    advance of the October 2008 federal election.

    In January 2009, a Member of Parliament introduced
    private member?s bill -- ?An Act to amend the
    Criminal Code (minimum sentence for offences
    involving trafficking of persons under the age of
    eighteen years)? -- that would amend the Criminal
    Code to include a mandatory minimum sentence of five
    years for cases where the trafficked victims were
    under the age of eighteen.  The bill remains under
    consideration in the House of Commons.

    ¶G. See Section 3 (L) for measures adopted to ensure
    that Canadian nationals deployed abroad do not
    engage in human trafficking or exploitation.  The
    Canadian military justice system has jurisdiction
    over disciplinary issues involving members of the
    Canadian Forces who are participating in operations
    outside of Canada, whether under as part of a UN or
    Qoutside of Canada, whether under as part of a UN or
    other multilateral mission.  Disciplinary action can
    also be taken under the Code of Service Discipline
    to address an alleged act of omission committed by
    someone while outside Canada when that act or
    omission is an offense under the law in the place

    OTTAWA 00000151  025 OF 025

    where it occurs.  The Department of National Defence
    remains committed to comprehensive implementation of
    the NATO Policy on Combating Trafficking in Human
    Beings, and has made concerted efforts to ensure the
    provision of all necessary knowledge, values, and
    skills to all members of the Canadian Forces, as
    well as to civilian contractors on international
    missions.

    See Section 4 (M) for a summary of a recent project
    Canada supported to provide anti-trafficking
    training to peacekeepers in the Americas.

    ¶6. (SBU) TIP Hero ? Professor Benjamin Perrin

    Benjamin Perrin, founder of the NGO ?Future Group?
    and widely recognized as one of Canada?s leading TIP
    activists, has been instrumental in raising
    awareness of human trafficking in Canada.  The
    Future Group?s report on the 2010 Vancouver Olympic
    Games prompted greater attention to the risk of
    trafficking, and called for greater federal-
    provincial cooperation to disrupt trafficking
    networks, prosecute traffickers, and protect
    trafficking victims.  Perrin has advocated the
    adoption of a Canadian national action plan to
    combat human trafficking, and has pushed for
    stronger enforcement and more effective victim
    services.  Perrin has several ongoing research
    projects that will provide Canada?s first
    comprehensive account of human trafficking and
    propose concrete policy recommendations.  An
    assistant professor at the University of British
    Columbia?s (UBC) Faculty of Law, and chairman of the
    UBC Human Trafficking working group, Perrin used
    documents identified by the ?Access to Information
    Act? to identify 31 cases of TIP flagged by
    immigration officials between 2006 and 2008, which
    helped bring about greater public knowledge of
    source countries for trafficking to Canada.
    Perrin?s research further revealed that these cases
    likely only represented a small number of the actual
    number of victims.  Perrin?s investigative work has
    increased Canada?s understanding of the role of
    different agencies in referring trafficking victims
    for TRPs.  A member of the Law Society of Upper
    Canada and Canadian Bar Association, Perrin served
    in 2006 as senior policy advisor to the Minister of
    Citizenship and Immigration.  He has testified
    before the House of Commons on trafficking issues,
    and has been recognized with the Queen?s Golden
    Jubilee  Medal by the Governor General and as one of
    the ?best and brightest? by ?Maclean?s? magazine.
    Perrin has been vetted through Post databases and
    has no apparent visa ineligibilities or derogatory
    information.

    ¶7. (U) Point of contact is Poloff Alexander Schrank
    (SchrankAD@state.gov, phone: 613-688-5240, fax: 613-
    688-3098).

     Estimated time spent on report:

    Political Minister Counselor (FE-OC): 4 hours
    Deputy Political Counselor: 2 hours
    Political Officer (FS-03): 75 hours
    Political Assistant (FSN-11): 8 hours
    Political OMS (FS-06): 1 hour
    Consulates: 10 hours
    Total:  100 hours

    BREESE

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